FCC to Investigate BART Cell Service Shutdown

The Federal Communications Commission confirmed Monday night that it will investigate San Francisco's Bay Area Rapid Transit (BART) over its decision to shut down cell service in advance of a planned protest.

The Federal Communications Commission confirmed Monday night that it will investigate San Francisco's Bay Area Rapid Transit (BART) over its decision to shut down cell service in advance of a planned protest.

"Any time communications services are interrupted, we seek to assess the situation," the FCC said in a statement. "We are continuing to collect information about BART’s actions and will be taking steps to hear from stakeholders about the important issues those actions raised, including protecting public safety and ensuring the availability of communications networks."

The Communications Act of 1934 bans cell phone jamming technology because it might disrupt legitimate cell phone traffic as well as emergency radio communications. The process, described as "maliciously interfering with the radio communications of any station licensed or authorized under the Act," could result in fines starting at $11,000.

BART apparently did not use jamming technology, though full details are still sketchy. The organization said it "temporarily interrupted service at select BART stations as one of many tactics to ensure the safety of everyone on the platform." That included having BART staff and contractors shut down power to the nodes and alerting wireless providers after the fact, according to a blog post from the Electronic Frontier Foundation.

The blockade was in response to planned protests over a recent shooting involving a BART officer.

But "whether it’s BART or the cell phone carriers that were responsible for the shut-off, cutting off cell phone service in response to a planned protest is a shameful attack on free speech," the EFF said.

BART insisted that cell phone service was not disrupted outside its stations, and pointed out that intercoms and courtesy phones were still operational in areas where service was blocked.

"Paid areas of BART stations are reserved for ticketed passengers who are boarding, exiting or waiting for BART cars and trains, or for authorized BART personnel," BART said. "No person shall conduct or participate in assemblies or demonstrations or engage in other expressive activities in the paid areas of BART stations, including BART cars and trains and BART station platforms."

The American Civil Liberties Union (ACLU), however, said "BART is the first known government agency in the United States to block cell service in order to disrupt a political protest."

The organization called on its supporters to voice their opposition via an online petition to BART officials. "The idea that the government can shut down an entire communications network just because it doesn’t like what people are saying on it is an insult to our constitutional protections for free speech," the ACLU said.

Last night, supporters of hacktivist group Anonymous staged a protest in San Francisco, forcing police to shut down several BART and Muni underground stations.

About the Author

Before joining PCMag.com, Chloe covered financial IT for Incisive Media in NYC and technology policy for The National Journal's Technology Daily in Washington, DC. She has held internships at NBC's Meet the Press, washingtonpost.com, the Tate Gallery press office in London, Roll Call, and Congressional Quarterly. She graduated with a bachelor's deg... See Full Bio

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